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  • Changing Jobs on H1B

    Hello,

    Currently I am employed in a university on H1B visa since last 2 years and started applying for job in corporate sector. Once I get a job,
    1. can I transfer my current H1B to the new employer and extend the date on H1B petition which currently ends next summer.

    2. Also will I be subject to H1B quota for this year or will I be exempt since I already have a H1B and it is only a transfer case?

    If you have any experience with these questions then I will appreciate your response.

    Thanks,
    Piyush

  • #2
    Changing employer with valid H1B, revised LCA, one amendment in initial review

    Hi. Can anyone please help me with my query?

    1) employer X filed my H1B in my home country for client Y located at location Y in the US 2) my employer X asks me to leave for the US to work for client Z at location Z same job profile as client Y. 3) employer X ensures that I get my revised LCA to match client location Z and in parallel employer X files for an amendment of my petition which presently matches to requirement per client Y. 4) I entered the US about 2months ago; my H1B visa is valid for about 2+ years from now and I am presently employed with employer X and located at Z. 5) New employer A offers me to join him and would like to do a premium processing for me to work with client B located at B, job profile remaining quite identical to existing petition per Y as well as in process amendment per Y, location and client B entirely different from Y and Z. How Exactly would you advise me / my prospective new employer A to proceed in my case and what will be the milestones to be acheived in increasing order?

    Comment


    • #3
      Originally posted by PiyushT View Post
      Hello,

      Currently I am employed in a university on H1B visa since last 2 years and started applying for job in corporate sector. Once I get a job,
      1. can I transfer my current H1B to the new employer and extend the date on H1B petition which currently ends next summer.

      2. Also will I be subject to H1B quota for this year or will I be exempt since I already have a H1B and it is only a transfer case?

      If you have any experience with these questions then I will appreciate your response.

      Thanks,
      Piyush
      A lot depends on how your H1 petition was filed. If it was under cap-exempt already (because your employer is a university), you will not be cap-exempt.

      - - - Updated - - -

      Originally posted by xylo195 View Post
      Hi. Can anyone please help me with my query?

      1) employer X filed my H1B in my home country for client Y located at location Y in the US 2) my employer X asks me to leave for the US to work for client Z at location Z same job profile as client Y. 3) employer X ensures that I get my revised LCA to match client location Z and in parallel employer X files for an amendment of my petition which presently matches to requirement per client Y. 4) I entered the US about 2months ago; my H1B visa is valid for about 2+ years from now and I am presently employed with employer X and located at Z. 5) New employer A offers me to join him and would like to do a premium processing for me to work with client B located at B, job profile remaining quite identical to existing petition per Y as well as in process amendment per Y, location and client B entirely different from Y and Z. How Exactly would you advise me / my prospective new employer A to proceed in my case and what will be the milestones to be acheived in increasing order?
      There is nothing special with your case. I am sure A will hire an experienced attorney and it is their job to take care the petition is filed and approved.
      You can join A based on the receipt, but the risk is that if petition is denied you will be out of status and will have to leave the US immediately. Safer option is to join A after approval. If quick decision is needed, premium processing can be availed.
      This is my opinion and not legal advice.

      Comment


      • #4
        H1B Visa Transfer While in India

        Hello,

        I have been working for employer A and I have H1B visa for 2 + years. I have never traveled to US before.

        I am looking for a job change as currently there is no onsite requirement with employer A. I am getting offers from some other employers for onsite requirements.

        I have below queries

        1. If I join employer B then can my visa be transferred to employer B, given I have never traveled to US before? Will I be counted in new visa cap?
        2. What if my current employer A is not willing to transfer my visa?
        3. If the requirement at new employer is in different US state than the one for which my petition was filed then what would be the procedure of visa transfer?
        4. In the transfer procedure what are the chances,if any, of my visa getting cancelled?

        Thanks in advance

        Regards,
        Daizy

        Comment

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